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Dispute Resolution

Netherlands

Disputes have always existed, as has dispute resolution. If you have a problem requiring legal action, our team can assist you in analysing risk, managing disputes and seeking constructive solutions in your best interests. CMS´s sector-focused lawyers are not just litigators or arbitration specialists but business-minded problem solvers. They always keep in mind that winning is a means, not an end in itself.

Using our global experience and local knowledge, we can safeguard your interests before state courts, arbitral tribunals and in alternative dispute resolution. We can handle your dispute across any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for foreign judgements and arbitral awards.

We routinely act in all business areas before state courts and as counsel in international and domestic arbitration proceedings, including investment arbitration. Our partners also regularly act as arbitrators.

If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. Mediation is an example of alternative dispute resolution.

A further risk you may face is the threat of an external investigation amid allegations of corporate wrongdoing. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.

Legal500 2015:

CMS is particularly active in construction and IT-related arbitrations, though the team is well equipped to handle a broad range of corporate and commercial disputes. Peter Soede, Mark Ziekman and Jeroen Berlage are key contacts.

CMS’ ‘thorough’ team has broad expertise in corporate and financial services litigation. Arno Moret is recommended for construction-related disputes. Insurance and liability specialist Bas Baks made partner in 2014.

Peter Soede is the key contact for mediation at CMS. Directors’ and officers’ liability are particular areas of strength.

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I would highly recommend CMS due to the lawyers' knowledge of trial and out-of-court dispute resolution.

Chambers Global, 2016

My impression of the firm is really positive. The lawyers are pragmatic and solution-focused.

Chambers Global, 2016

CMS draws on specialists across its real estate, TMT and corporate departments to assist a broad range of clients in contentious matters.

Legal 500, 2016

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    ADR

    ADR is a method of solving conflicts that differs from the courts, arbitration or a binding opinion. Instead of third parties, the parties themselves in fact solve their problems. This allows a relationship to be saved or to be ended in a way that is satisfactory to the parties involved. Mediation takes less time, is cheaper and is less stressful compared to the more traditional method of settling conflicts.

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    Arbitration

    Civil procedural law
    Civil procedural law is the collective term for the settlement of disputes between natural and artificial persons by a legally regulated institution. The disputes concern subjects of private law, such as commercial and labour matters, the law of persons and family law, contract law, liability issues, tenders and contracting of works.

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    June 2017
    CMS An­nu­al Re­view 2016-2017
    Provid­ing you with the ser­vice you need wherever you...
    17/11/2016
    Health & Safety Com­pli­ance

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    09/11/2016
    The pro­tec­tion of cross-bor­der in­vest­ments un­der the Canada-EU trade...
    Fol­low­ing ne­go­ti­ations first launched in May 2009, the Com­pre­hens­ive Eco­nom­ic and Trade Agree­ment (“CETA”) was signed by Canada and the EU on 30 Oc­to­ber 2016. CETA is a free trade agree­ment, which is sub­ject to rat­i­fic­a­tion by each EU mem­ber state and to the.
    19/10/2016
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    03/10/2016
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    In its Award dated 27 June 2016, the Tribunal dis­missed the Claimant’s claim in Peter A. Al­lard v The Gov­ern­ment of Bar­ba­dos (PCA Case No. 2012-06) re­lat­ing to the Re­spond­ent’s al­leged breach of its in­ter­na­tion­al ob­lig­a­tions un­der the bi­lat­er­al in­vest­ment treaty.
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